Australian Military Regulations (Amendment)

Overview

The Statutory Rules 1955, No. 55, enacted by the Governor-General in Council, amends the Australian Military Regulations under the Defence Act 1903-1953 to address situations where members of the Australian Defence Force are absent from duty due to sickness or injury resulting from an offence for which they have been convicted. This legislative instrument was introduced to ensure that members who are absent from duty due to such misconduct do not receive pay and allowances for the period of their absence, aligning with the principle of accountability and the deterrent effect of penalising members who incur sickness or injury due to their own criminal conduct. This regulation is a direct response to the need for maintaining discipline and ensuring that the military justice system is effectively enforced within the Defence Force.

Scope and Application

The Statutory Rules of 1955, Number 55, constitute a regulation made under the Defence Act 1903-1953, with the aim of amending the Australian Military Regulations. This regulation applies to members of the Permanent Forces and members of the Citizen Forces, whether they are engaged in war service or continuous training. Specifically, it addresses the forfeiture of pay and allowances for those members who are absent from duty due to sickness or injury resulting from an offence of which they have been convicted. The regulation applies on a national level, given its foundation in Commonwealth legislation. The regulation does not explicitly state any exclusions, exemptions, or thresholds but implies that the forfeiture of pay and allowances is contingent upon the Commanding Officer's direction and the certification by a medical practitioner that the sickness or injury is due to the convicted offence. The application and scope of this regulation may be further extended or restricted through subordinate instruments, as permitted under the Defence Act.

Key Provisions

The key provision in this statutory rule, which amends the Australian Military Regulations, is Regulation 293 (section 293). It details the circumstances under which a member of the military can forfeit their pay and allowances when absent due to sickness or injury resulting from an offence they have been convicted of. This regulation applies to members of the Permanent Forces, whether they are on war service or not, as well as members of the Citizen Forces who are on war service or during continuous training (section 293(a)). The forfeiture of pay and allowances is contingent upon the member being absent from duty and having a medical practitioner certify that their sickness or injury is due to the conduct constituting the offence for which they have been convicted (section 293(b)). Under this Act, the obligations imposed on the parties involved include the requirement for a medical practitioner to certify that the member's sickness or injury is due to the action or conduct constituting the offence for which they have been convicted. Additionally, the Commanding Officer must direct the forfeiture of pay and allowances. This regulation underscores the importance of proper documentation and medical certification to substantiate claims for pay and allowances forfeiture (section 293). The regulation also outlines the consequences of breach, which involve the forfeiture of pay and allowances for each day or part of a day the member is absent from duty due to the specified conditions, unless they are entitled to pay under Regulation 295. This regulation does not specify any particular criminal or civil penalties for breach but rather focuses on the financial consequences of being absent from duty under the specified conditions (section 293).